🛡️ Protection of citizens
The main idea: keep ordinary people safe. A dangerous offender kept away from the public cannot harm them.
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Unlock This CourseWhen someone breaks the law, the state usually punishes them. But punishment is not just "doing something bad back". Each punishment is meant to achieve something. Sociologists call these the aims of punishment, and you judge how effective a punishment is by asking whether it achieves its aim.
Key terms:
The main idea: keep ordinary people safe. A dangerous offender kept away from the public cannot harm them.
The idea: if the punishment is unpleasant enough, people will think twice. A driver who has been fined may slow down next time (individual). Others who hear about the fine may slow down too (general).
The idea: the offender deserves to suffer for the harm they caused. It looks backwards at the crime, not forwards at the future. Victims and their families often want it.
The idea: while an offender is locked up, they cannot commit crimes outside. It protects the public, but only for as long as the person is held.
The idea: offenders can change. With education, training or treatment they can leave crime behind, so there are fewer offences in future. It looks forwards, not backwards.
One punishment can try to do several aims at once, but they can pull against each other. A harsh punishment may satisfy retribution but make rehabilitation harder.
You met imprisonment in Formal Social Control: Agencies and Methods. Here we judge it against the aims.
Incapacitation and protection: while someone is inside, they cannot offend against the public.
Retribution: losing your freedom is a serious penalty that many people feel fits serious crimes.
Deterrence: the threat of prison puts some people off.
Reoffending: many prisoners offend again after release.
Contact with other offenders: prison can become a place to learn more about crime.
Release: a former prisoner may lose their job, home and family ties, which makes life without crime harder.
Cost and crowding: prisons are expensive and can be overcrowded, which leaves little room for rehabilitation.
So prison does well on protection and incapacitation in the short term, but its record on deterrence and rehabilitation is often criticised. Deterrence also depends on people thinking they will be caught. Someone who expects not to be caught may not be put off by the threat of prison.
A rehabilitation programme is a course or treatment that tries to change an offender's behaviour. Examples are education and job training, help with drug or alcohol problems, anger management and counselling.
Capital punishment is punishment by death, carried out by the state for very serious crimes. Some societies still use it and many have abolished it.
Corporal punishment is physical punishment of the body, such as caning or flogging, given to an offender by the state. In some societies it is still used. In many others it has been banned as cruel.
Question: How effective is prison at rehabilitation?
Point: Prison is often not very effective at rehabilitation.
Explain: Offenders mix with other offenders, and they can lose jobs and family ties, so many reoffend after release.
Link to aim: So prison protects the public while the person is inside (incapacitation) but may not stop them offending again later.
Mixing up deterrence (fear of punishment) and rehabilitation (changing the person). Saying that retribution means "stopping crime" when it means making the offender pay. Saying a punishment "does not work" without saying which aim it fails. Giving a number or statistic you are not sure of: describe reoffending in words instead.
(a) Define the term rehabilitation. [2 marks]
(b) Give two aims of punishment. [2 marks]
(c) Explain three reasons why prison may not stop people from reoffending. [6 marks]
(a) Rehabilitation is helping an offender to change (1) so that they can return to society and live without committing crime (1).
(b) Any two: protection of citizens (1), deterrence (1), retribution (1), incapacitation (1), rehabilitation (1).
(c) Any three explained: Prisoners mix with other offenders (1), so they may learn more about crime from them (1). Ex-prisoners may lose their job, home or family support (1), so they have fewer legal ways to live after release (1). Prison may not deal with the causes of offending, such as addiction or no qualifications (1), so the same problems are waiting for the person when they leave (1). Prison can also be crowded (1), so there is little room for rehabilitation programmes (1).
In an "explain" question, make each point and then add a "so" or "because" that develops it. That second step earns the extra mark.